Back in 2010, Guns N' Roses frontman Axl Rose sued Activision for $20 million because he wasn't happy about Guitar Hero 3 featuring the likeness of his former bandmate and arch nemesis Slash singing "Welcome to the Jungle." He was also dismayed at Activision's use of "Sweet Child O' Mine" in Guitar Hero 3 ads, when he thought he'd only allowed the publisher permission to use it in Guitar Hero 2.
So in order to appease Mr. Rose, Activision offered him his very own game. No, really.
According to Billboard, it is believed that Rose could be losing his case because he waited three years after the game's 2007 release to file a lawsuit. When asked why he didn't file one straight away, Rose said in a deposition, "The reason I did not file a lawsuit is because Activision - through my managers and representatives - offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to 'GH3'
"From December 2007 through November 2010, Activision was offering me a Guns N' Roses-dedicated video game, a game dedicated to music from the 'Chinese Democracy' album, and other proposals."
For whatever reason this never came to fruition.
Reportedly, Los Angeles Superior Court Judge Charles Palmer is likely to dismiss the charges against Activision. At a summary hearing Palmer deduced that the contract relied at least partially on an oral agreement, which only has a two-year statute of limitations. "The only extrinsic evidence supports Activision's interpretation and does not support Rose's interpretation," the judge ruled in a tentative order.
A final verdict will follow in a few weeks.